SUZLON ENERGY LTD.,,AHMEDABAD vs. THE DY. COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), AHMEDABAD

In the result the Ground Nos

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

155 taxmann.com 135 [Guj] had considered the entire issue in detail and judgements rendered by different High Courts, Special Bench of ITAT and held as follows: 14 I.T.A No. 198 & 199/Ahd/2023 & Ors. A.Ys. 2016-17 & 2017-18 Page No Suzlon Engergy Ltd. vs. DCIT “… 4.3 So far as question (D) is concerned, the coordinate bench has answered them as follows

SUZLON ENERGY LTD.,,AHMEDABAD vs. THE DY. COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), AHMEDABAD

In the result the Ground Nos

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

155 taxmann.com 135 [Guj] had considered the entire issue in detail and judgements rendered by different High Courts, Special Bench of ITAT and held as follows: 14 I.T.A No. 198 & 199/Ahd/2023 & Ors. A.Ys. 2016-17 & 2017-18 Page No Suzlon Engergy Ltd. vs. DCIT “… 4.3 So far as question (D) is concerned, the coordinate bench has answered them as follows

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE 2(1)(1), VADODARA, VADODARA vs. ORIENTAL ENTERPRISES PRIVATE LIMITED,, PCC NOTIFIED AREA

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar

155 taxmann.com 135, where it was held that the disallowance cannot exceed exempt income. The Ld.AR also argued that when the issue is covered by the decision of Hon’ble Jurisdictional High Court, the Ld.CIT(A) should not have restored the matter back to AO. The Ld. DR relied on the order of CIT(A). 18. Upon careful consideration

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-2(1)(1), VADODARA, VADODARA vs. ORIENTAL ENTERPRISES PRIVATE LIMITED, PCC NOTIFIED AREA

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar

155 taxmann.com 135, where it was held that the disallowance cannot exceed exempt income. The Ld.AR also argued that when the issue is covered by the decision of Hon’ble Jurisdictional High Court, the Ld.CIT(A) should not have restored the matter back to AO. The Ld. DR relied on the order of CIT(A). 18. Upon careful consideration

ORIENTAL ENTERPRISE PRIVATE LIMITED,VADODARA vs. THE ACIT, CIRCLE-2(1)(2), VADODARA

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar

155 taxmann.com 135, where it was held that the disallowance cannot exceed exempt income. The Ld.AR also argued that when the issue is covered by the decision of Hon’ble Jurisdictional High Court, the Ld.CIT(A) should not have restored the matter back to AO. The Ld. DR relied on the order of CIT(A). 18. Upon careful consideration

TML INDUSTRIES LTD.,VADODARA vs. THE INCOME TAX OFFICER, WARD-2(1)(4), NOW THE DCIT, CIRCLE-2(1)(1), VADODARA

In the result, appeal of the assessee is partly allowed

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinhaassessment Year: 2014-15

155 taxmann.com 135 (Guj) the Hon’ble High Court held that where the assessee had mixed funds, then the provisions of Section 14A of the Act read with Rule 8D of the Income Tax Rules do not get A.Y. 2014-15 Page 5 of 8 attracted atomically. In the case of Gujarat State Energy Generation Limited, 117 taxmann.com 58 (Ahmedabad

URMIN PRODUCTS PVT. LTD.,AHMEDABAD vs. THE DY.CIT, CENTRAL CIRCLE-1(3), AHMEDABAD

In the result, the appeal filed by the assessee bearing ITA

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinha

disallowance of Rs.7,03,990/- in its computation of total income. 16. Aggrieved against the assessment order, the assessee filed appeal before the ld. CIT(A) who confirmed both the additions and dismissed the appeal filed by the assessee. 17. Aggrieved against the appellate order passed by the ld. CIT(A), the assessee is now in appeal before us raising

URMIN PRODUCTS PVT. LTD.,AHMEDABAD vs. THE DY.CIT, CENTRAL CIRCLE-1(3), AHMEDABAD

In the result, the appeal filed by the assessee bearing ITA

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinha

disallowance of Rs.7,03,990/- in its computation of total income. 16. Aggrieved against the assessment order, the assessee filed appeal before the ld. CIT(A) who confirmed both the additions and dismissed the appeal filed by the assessee. 17. Aggrieved against the appellate order passed by the ld. CIT(A), the assessee is now in appeal before us raising

TORRENT PHARMACEUTICALS LTD.,,AHMEDABAD vs. ACIT, CIRCLE-4(1)(2),, AHMEDABAD

In the result appeal of the Revenue is hereby partly allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

19,72,500/- 16-11-2011 18-05-2012 55.1 The TPO found that as per the provision of FEMA 1999 and RBI master circular No. 15/2014-15 dated 01-07-2014, the process of allotment of shares/equity instrument shall be completed within 180 days from the date of payment of money whereas in the case of the assessee the shares

AXIS BANK LIMITED,AHMEDABAD vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1), AHMEDABAD

The appeal of the assessee is partly allowed for statistical purposes

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarिनधा"रण वष"/Assessment Year: 2018-19 Axis Bank Limited, Vs. Assistant Commissioner Of “Trishul”, 3Rd Floor, Opp. Income-Tax, Samartheshwar Temple, Nr. Law Circle 1(1)(1), Garden, Ellisbridge, Ahmedabad Ahmedabad-380006 Pan : Aaacu 2414 K अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri Tushar Hemani, Sr. Advocate & Shri Parimalsinh B. Parmar, Ar Revenue By : Dr. Darsi Suman Ratnam, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 29.11.2023/03.04.2024 घोषणा क" तारीख /Date Of Pronouncement: 10.04.2024 आदेश आदेश/O R D E R आदेश आदेश Per Annapurna Gupta: By Way Of This Appeal, The Assessee-Appellant Has Challenged Correctness Of The Order Dated 28Th July, 2022 Passed By The Assessing Officer Under Section 143(3) R.W.S. 144C(13) R.W.S. 144B Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act” For Short], For The Assessment Year (Ay) 2018-19. 2. Ground No.1 Raised By The Assessee Reads As Under:- “1. Disallowance In Respect Of Annual Technical Fees (Tax Effect - Rs. 16,84,276) 1.1 The Learned Drp Has Erred In Upholding Addition Made By Ao In Respect Of Treating Annual Technical Services (Ats) Fees Paid To Infosys Limited To The Extent Of Rs. 48.66 Lacs As Prior Period Expense. 1.2. It Is Submitted That The Expenditure Relates To Amount Payable To Infosys & No Part Of The Amount Was Claimed As Expenditure At Any Time In The 2 Axis Bank Limited Vs. Acit Ay : 2018-19

155 September 4,025 4,500 4,263 October 4,500 5,048 4,774 November 5,048 4,845 4,947 December 4,845 4,682 4,764 January 4,682 4,721 4,702 February 4,721 5,286 5,004 March 5,286 5,421 5,354 Total 53,546 Annual Average of Monthly Average tax free

SUN PHARMA LABORATORIES LTD.,,MUMBAI vs. THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, BARODA

In the result, the Department’s appeal is partly allowed

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

19. Now we take it up appeal filed by the Revenue in ITA No. 741/Ahd/2019 and the Grounds of Appeal is as follows: 1. On the facts and circumstances of the case and in law, the learned CIT(A) has erred in allowing relief to the assessee and in not confirming the additions made by the AO on these issues

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, BARODA vs. M/S. SUN PHARMA LABORATORIES LTD.,, MUMBAI

In the result, the Department’s appeal is partly allowed

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

19. Now we take it up appeal filed by the Revenue in ITA No. 741/Ahd/2019 and the Grounds of Appeal is as follows: 1. On the facts and circumstances of the case and in law, the learned CIT(A) has erred in allowing relief to the assessee and in not confirming the additions made by the AO on these issues

ROTOMAG MOTORS & CONTROLS (P) LTD.,ANAND vs. THE DY.CIT, ANAND CIRCLE, ANAND

Appeal is allowed

section 14A r.w.r. 8D(2)(ii) in the present case. The suo\nmotu disallowance of Rs. 1,60,838/- offered by the assessee in respect of\nadministrative expenditure is reasonable. We accordingly direct deletion of\nthe disallowance of Rs. 11,97,333/- sustained by the CIT(A). These grounds\nof appeal are allowed.\n6.5 Issue No. 5 – Addition

SHREE SWATI TEXDYES PVT. LTD.,AHMEDABAD vs. THE DY. CIT, CIRCLE-4(1)(1), AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

155(18) enabling assessees to surrender such claims, the levy of penalty in respect of a bona fide claim made prior to the retrospective amendment cannot be justified.” 18. In the case of Capgemini Technology Services India Ltd. vs. Assistant Commissioner of Income-tax [2025] 180 taxmann.com 854 (Pune - Trib.), the Pune ITAT held that where allowability of health

THE ACIT,(OSD)-I,RANGE-4,, AHMEDABAD vs. JMC PROJECTS (INDIA) LTD.,, AHMEDABAD

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar

155 & 156/Ahd/2012 dated 29-04-2016). 10. We have heard the rival contentions and perused the material on records. The additional ground raised by the assessee for A.Y. 2009-10 and A.Y. 2010-11 challenges the validity of assessments framed under section 143(3) read with section 153A of the Act, in the absence of incriminating material for unabated years

JMC PROJECTS (INDIA) LTD.,,AHMEDABAD vs. THE ACIT.,(OSD)-I,RANGE-4,, AHMEDABAD

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar

155 & 156/Ahd/2012 dated 29-04-2016). 10. We have heard the rival contentions and perused the material on records. The additional ground raised by the assessee for A.Y. 2009-10 and A.Y. 2010-11 challenges the validity of assessments framed under section 143(3) read with section 153A of the Act, in the absence of incriminating material for unabated years

JMC PROJECTS (INDIA) LIMITED,,AHMEDABAD vs. THE DY. CIT, CENTRAL CIRCLE-1(1),, AHMEDABAD

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar

155 & 156/Ahd/2012 dated 29-04-2016). 10. We have heard the rival contentions and perused the material on records. The additional ground raised by the assessee for A.Y. 2009-10 and A.Y. 2010-11 challenges the validity of assessments framed under section 143(3) read with section 153A of the Act, in the absence of incriminating material for unabated years

THE ACIT, CIRCLE-2(1)(2),, AHMEDABAD vs. JMC PROJECTS (INDIA) LIMITED,, AHMEDABAD

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar

155 & 156/Ahd/2012 dated 29-04-2016). 10. We have heard the rival contentions and perused the material on records. The additional ground raised by the assessee for A.Y. 2009-10 and A.Y. 2010-11 challenges the validity of assessments framed under section 143(3) read with section 153A of the Act, in the absence of incriminating material for unabated years